Progreso Produce owner indicted again, this time with his wife

Published 6:05 pm, Monday, October 12, 2015

A man who ran Progreso Produce Co. has been leveled with more crimes related to his failed business and his wife has also been indicted on charges that she helped him hide assets in bankruptcy proceedings.

Curtis Harold DeBerry, 53, was already charged with wire fraud, making false statements to a financial institution, bankruptcy fraud and money laundering before a new indictment last week added two new charges: making false declarations in a bankruptcy proceeding and concealing assets in bankruptcy.

The charges originally stem from allegations that he swindled investors and a bank out of millions of dollars over the past few years.

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His wife, Kathy Suzanne DeBerry, had not been previously charged but the new indictment names her in five counts, including aiding and abetting her husband in concealing assets in bankruptcy.

The new indictment said that, while Curtis DeBerry was out on bond, the pair moved around 100,000 shares of stock worth about $200,000 in order to prevent the feds and bankruptcy trustee from discovering that the stock belonged to the estate.

The criminal allegations include transferring some of the swindled money to their children, diverting assets meant for creditors to fund Curtis DeBerry’s hobbies that included a yacht owned by one of his entities and him lying to a business partner about lease agreements with strawberry growers, according to court records.

A criminal complaint affidavit also said Curtis DeBerry duped the operator of Icy Gulch Resources LLC of $500,000.

In 2012, the operator became interested in buying Progreso, the affidavit said, but couldn't immediately get financing for the purchase.

The affidavit said DeBerry falsely claimed there were competing offers, including one from his father. In April 2013, Icy Gulch wired $500,000 in a bid to ward off the other offers.

Within a week, investigators found, the DeBerrys transferred $100,000 each to a son and daughter. The DeBerrys are scheduled for arraignment on Oct. 19, but are both expected to enter not guilty pleas.

Civil lawsuits remain pending in state court over Curtis DeBerry’s alleged bamboozling, according to their lawyer Cynthia Orr.